Prayagraj, March 28 The Allahabad High Court has stayed the notice issued by the Sambhal administration on January 1, in which a petitioner was directed to explain his possession of a disputed piece of land within 15 days.
The court has also asked the petitioner, Ali Ashraf, to provide evidence to support his case, after which further action will be taken in accordance with the law.
However, according to Ashraf, the land has been registered as a "kabristan" (graveyard) in the revenue records and is attached to the Shahi Jama Masjid of Sambhal. Furthermore, the petitioner claimed that he has been in possession of the land for a long time and his residential house is located there.
Hearing a writ petition filed by Ashraf, Justice Manish Kumar Nigam, in his order dated March 25, also directed both sides to maintain the status quo in the meantime. The court directed the state government to file a response in the matter and listed the case for the next hearing on May 6.
During the court proceedings, the petitioner's counsel argued that the petitioner, Ashraf, is in possession of the disputed land and that his residential house is located there. The disputed land has been used as a residential area for more than 200 years, and several transactions have taken place during this period between the inhabitants of the disputed property.
He argued that the petitioner has a settled possession of the disputed land, and therefore, he cannot be evicted except in accordance with the law, especially by simply issuing a notice on the administrative side.
On the other hand, the state counsel argued that the petitioner has only challenged a notice, and that the writ petition is not maintainable against the notice.
The notice itself states that the petitioner may file his objections and evidence in support of his case.
The Uttar Pradesh counsel also submitted that the state, in its administrative capacity, can evict unauthorized occupants from public utility land.